Cancer Misdiagnosis Attorney

Failure to Diagnose Cancer Attorney

As the second leading cause of death in the United States, cancer is one of the most frightening diagnoses for patients to receive. That’s why it is so important to have a skilled medical professional handling your diagnosis and treatment. But what if your doctor fails to order tests in order to diagnose you with cancer? The longer you must wait for a timely diagnosis and proper treatment, the worse your disease may become. Cancer misdiagnosis can be highly dangerous for patients. If your doctor failed to diagnose you with cancer, you might have the basis for a medical malpractice lawsuit. Contact a cancer misdiagnosis lawyer at Lipton Law to schedule a free consultation about your case. We will review the details of your situation and determine whether or not you can file a medical malpractice lawsuit against your provider. For more information or to schedule your free case evaluation, please call 248-557-1688 today.

Do You Have a Cancer Misdiagnosis Lawsuit?

If your doctor’s failure to diagnose cancer caused you physical and financial harm, you might have a valid medical malpractice claim. If you have a delayed cancer diagnosis claim against a medical professional, Lipton Law is here for you. Our experienced cancer misdiagnosis lawyers can offer major benefits to your case.

We can do all of the following for you and much more:

  • Outline your legal options and pursue the path that works best for you
  • Increase your chances of success by gathering extensive evidence
  • Gather medical records, medical treatment records, and other relevant documents
  • Aggressively advocate on your behalf both in and out of the courtroom
  • Value your case and pursue full and fair compensation for your losses

Cancer, Medical Malpractice, and Medical Negligence

Medical malpractice claims are an unfortunate reality for many people. When patients see a doctor for the symptoms they’re having, they expect an accurate, timely diagnosis. If a delayed diagnosis or a failure to diagnose occurs, the patient may experience a worsening of their symptoms. This often comes with mounting medical expenses, lost wages, and more painful, aggressive treatment than they might have had.

If you or one of your family members suffered a serious injury, illness, or wrongful death from a failure to diagnose cancer, you might have a case. An experienced cancer misdiagnosis attorney is here to help you prove medical malpractice in your case. Our qualified personal injury lawyers will fight to recover compensation that is fair for your losses. 

Cancer Mortality Statistics

According to the World Health Organization, cancer is one of the leading causes of death worldwide. It accounts for approximately one in six deaths.

Other important cancer statistics include:

  • Approximately 10 million deaths in 2020 were caused by cancer.
  • The most common types of cancer are breast cancer, lung cancer, colon cancer, rectal cancer, and prostate cancer.
  • It is possible to treat many cancers if they are detected and treated early enough.

Cancer itself is a group of diseases. It can affect any part of the body, including the skin, mouth, throat, and much more. The defining characteristic of the disease is the rapid multiplication of cancer cells. When these abnormal cells spread to other parts of the body, this is called metastasis.

What Causes Cancer?

Cancer has been widely studied in recent years, as more and more scientists and medical experts are dedicated to curing different forms of the disease. The specifics of what causes cancer are very complicated. However, there are many different ways in which someone could develop cancer.

When normal body cells transform into cancerous tumor cells, this is the beginning of a cancer case. Pre-cancer lesions become cancerous malignant tumors.

This transformation of cells can happen as a result of the following factors.

  • Genetics
  • Physical carcinogens like radiation or ultraviolet light
  • Chemical carcinogens like alcohol, asbestos, and other contaminants
  • Biological carcinogens like parasites or infections

Why Do Cancer Patients Get Misdiagnosed?

Cancer misdiagnosis cases can occur for a number of different reasons. Some cases do not arise from medical malpractice, while others do. It’s important that we hold negligent medical professionals accountable when a missed diagnosis occurs. But what are the actual causes behind these misdiagnosed diseases? There are a number of reasons why cancer misdiagnosis might occur.

The following are some of the most common reasons for the misdiagnosis of cancer:

  • Lack of resources in pathology departments
  • Misread tissue samples or blood tests
  • Lack of communication between providers and specialists
  • Incomplete medical records
  • Lack of general cancer knowledge
  • Human error, like doctor malpractice or incompetence
  • Other diagnostic errors
    Failing to order the appropriate tests
  • Improper procedures while gathering samples for testing

How Often Does Cancer Misdiagnosis Occur?

While it is difficult to determine exactly how often cancer misdiagnosis occurs, there have been many studies on the subject. Most studies show that anywhere from 10-28% of patients have misdiagnosed cancers. However, some experts believe the true number may be a bit higher. After all, many of these cancer misdiagnoses are not reported or targeted through legal action. Even though the actual number may be higher, the estimated number of misdiagnoses is already alarmingly high.

Common Types of Cancer Misdiagnosis

It’s important to understand that certain types of cancer are misdiagnosed much more frequently than others. This is largely due to the fact that these types of cancers have symptoms that mimic the symptoms of other serious health concerns. There are also cases of rare forms of cancer that doctors may not even think about. Below, we list some of the most commonly misdiagnosed cancers.

Breast cancer is one of the most commonly diagnosed forms of cancer. In many cases, doctors may diagnose it as a cyst, mastitis, or fibrocystic breast disease.

Many pancreatic cancer patients will see symptoms related to their digestive tract. Doctors may diagnose it as irritable bowel syndrome (IBS), pancreatitis, gallstones, or even diabetes. 

This involves the rectum and the lower intestines of the patient. It often produces symptoms that mimic IBS, inflammatory bowel disease, hemorrhoids, or even ulcerative colitis.

False negatives are fairly prevalent in cervical cancer cases. Doctors usually use pap smears as an initial indicator of cervical cancer. However, if a pathologist fails to properly diagnose cancer, they may be held liable for a diagnostic error.

Lung cancer often presents symptoms that are frequently confused for symptoms of other conditions. These symptoms include shortness of breath, coughing, and wheezing. Respiratory infections, pneumonia, bronchitis, asthma, and even tuberculosis can present these symptoms. In other words, there are many different conditions that lead doctors to fail to diagnose cancer.

Lymphoma is a cancer of the lymphatic system. Swollen lymph nodes are not only a sign of lymphoma but also of countless other ailments. Many people even ignore the symptoms of lymphoma and assume they are allergy-related. It’s important for doctors to consider all possible avenues while diagnosing and treating patients. 

Some of the primary symptoms of ovarian cancer include bloating and abdominal pain. These symptoms are closely related to other less serious issues, such as IBS or urinary tract infections (UTI)s. There have even been cases of physicians telling patients that their symptoms were stress-related. Months or years after a false diagnosis, a woman with ovarian cancer may have few options for treatment.

It is rare for a skin cancer diagnosis to occur. However, this does not mean that it isn’t possible. A medical provider might overlook the signs at first, but many people seek out a second opinion from a dermatologist. If they can achieve early detection, the patient may have a better prognosis. If not, the cancer could spread to other tissues.

  • Testicular cancer
  • Oral cancer
  • Uterine cancer
  • Melanoma
  • Liver cancer
  • Prostate cancer
  • Bladder cancer
  • Thyroid cancer
  • Leukemia

Can You Sue for Cancer Misdiagnosis?

Yes, as long as your case meets certain requirements. Victims of cancer misdiagnosis have a burden of proof to meet in their case. In other words, your evidence must be sufficient enough to prove liability on the part of the defendant. To do this, you must prove the following four elements.

  1. A doctor-patient relationship existed between the plaintiff and the defendant.
  2. The doctor acted negligently, and that negligence caused your cancer misdiagnosis.
  3. The negligent diagnosis directly led to your harm.
  4. That misdiagnosis resulted in specific damages for you.

How Can a Michigan Cancer Misdiagnosis Lawyer Help Me?

Cancer misdiagnosis attorneys are essential to navigating the complex processes involved in medical malpractice cases. We can explain all of your legal options, estimate your chances of success, and even litigate on your behalf. Our medical malpractice lawyers will help you from the start of your consultation to the conclusion of your case. At Lipton Law, we are intimately familiar with handling cancer misdiagnosis lawsuits in Michigan. When a patient suffers a personal injury or wrongful death due to a medical error, we believe they deserve compensation for those losses. If you need an advocate who will fight for your legal right to compensation, Lipton Law is here for you. 

Deadlines for Filing Missed Cancer Lawsuits

Like many other personal injury case types, every cancer misdiagnosis claim has a time limit. The Michigan statute of limitations medical malpractice is two years from the date that the malpractice occurred. Very few exceptions exist to this rule. One prominent exception applies when the patients do not know about the misdiagnosis until after the two-year limit. Another exception applies if the patient dies from their cancer.

Average Payout for Cancer Misdiagnosis

It is difficult to determine the exact value of a delayed diagnosis or misdiagnosis case involving cancer without examining the facts of your case. The average payouts for cancer deaths and illnesses do not give an accurate representation of what you may receive. Below, we list some of the types of compensation you may receive in your case.

  • Lost wages
  • Pain and suffering
  • Loss of enjoyment of life
  • Medical expenses
  • Loss of consortium
  • Disability
  • Wrongful death costs

Contact a Cancer Misdiagnosis Attorney in Michigan

At Lipton Law, we understand that every medical malpractice case is unique. That’s why our law firm takes great pride in ensuring our clients receive compassionate treatment every step of the way. We know that cancer can be very scary for patients and their families. You deserve compensation for your pain, fear, and poor medical care. To schedule your free consultation with us, please call 248-557-1688 today.